Breuchaud v. Rudiger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Eugene A. Rudiger and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 26th day of June, 1913, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 29th day of September, 1913, denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
Action upon a bond given to secure a stay of proceedings pending an appeal to enforce an order of the Appellate Division of the Second Department directing the payment of a sum of money. The answer alleges that the order, the proceedings under which were stayed, had been adjudicated to be invalid and void, and that the execution of the bond was, by reason of that fact, without consideration. The court directed a verdict for the amount claimed in the complaint and from the judgment entered thereon, and an order denying a motion for a new trial, defendants appeal.
There is little…
2Cases cited8 opinions
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Cadwell v. ColgateNew York Supreme Court · 1849
- Rudiger v. . ColemanNew York Court of Appeals · 1910
- Shevlin v. WhelenWisconsin Supreme Court · 1876
- Rudiger v. ColemanAppellate Division of the Supreme Court of the State of New York · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fried v. Continental Casualty Co.City of New York Municipal Court · 1935